The Residential Landlords Association (RLA) have called on the Government to delay the implementation of the proposed Deregulation Act after they found errors in the wording of the document that would expose private rental sector landlords to a legal minefield.

The Residential Landlords Association (RLA) have called on the Government to delay the implementation of the proposed Deregulation Act after they found errors in the wording of the document that would expose private rental sector landlords to a legal minefield.

A major drafting error in Government regulations affecting the private rented sector risks undermining confidence in new legislation being applied to the sector.

The Deregulation Act, passed prior to the General Election, provides Ministers with the power to introduce a new standard form for landlords to complete and provide to a tenant when seeking to regain possession of a property on a no fault basis, known as a Section 21 notice.

With the form due to become legally binding from the 1st October, the Residential Landlords Association (RLA) has written to the Housing Minister, Brandon Lewis MP, to seek a delay following the revelation of a serious drafting error.

The standard form, as currently drafted, notes that where a fixed term tenancy ends and then turns into a rolling or periodic tenancy the Section 21 notice would only be valid for four months from the date that it is served on the tenant*.

This contradicts the Deregulation Act, which makes clear that the required period to regain possession of a property where a tenancy is a rolling or periodic tenancy, should instead be four months from the date the Section 21 notice expires**.

Despite having engaged thoroughly with the Government on its proposals, the final version of the standard form, published last week, had not been shown to the RLA.

The RLA is warning that the drafting exposes landlords to a legal minefield, and is calling for the implementation of the plans to be delayed to give more time to get them right.

RLA policy director, David Smith, said “The RLA continues to share the Government’s ambitions to ensure that all landlords understand and properly implement their legal responsibilities and obligations. In light of the major changes being introduced for the sector it is vital that all documents published by the Government are clearly understood. This drafting error will serve only to dent the confidence of landlords in the legislation. Whilst Ministers are understandably eager not to let these new measures drift, it would make more sense not to rush their implementation than face the potential legal difficulties that will now arise for landlords.”

The increase in demand for rental properties in the UK’s private rental sector (PRS) from would-be tenants could drive local rental prices through the roof in some parts of the country according to a new report published by the Association of Residential Letting […]

The increase in demand for rental properties in the UK’s private rental sector (PRS) from would-be tenants could drive local rental prices through the roof in some parts of the country according to a new report published by the Association of Residential Letting Agents (ARLA).

According to data published in the latest ARLA monthly Private Rented Sector report 31% of letting agent members recorded an increase in the cost of monthly rent for rental properties in UK regions between January and February this year.

41% of letting agents in the South East of England reported landlords increasing rental prices for their properties. However, in Wales only 13% of letting agents reported landlords increasing rental asking prices.

Following on from last week’s pre-election budget delivered by Chancellor of the Exchequer, George Osborne MP, landlord organisations and their landlord members are expressing grave concerns over the Government’s plans to allow private rented sector tenants to begin sub letting their rental properties.

UK property price optimism among private rental sector landlords and residential property owners has dropped to the lowest recorded level for 18 months after buy to let mortgage lending in January was reported to be decidedly sluggish.

Property Optimism Falls To Lowest Level For 18 Months

UK property price optimism among private rental sector landlords and residential property owners has dropped to the lowest recorded level for 18 months after buy to let mortgage lending in January was reported to be decidedly sluggish.

Traditionally, the UK property market generally experiences a slow start that incrementally builds to a summer buying frenzy before reaching another plateau and then a further period of increase followed by a gradual easing at the end of the year.

The latest Halifax House Price Index (HPI) found that UK property prices increased by just 2% in January 2015, reaching a new UK average property price of £193,130 (GBP).

Combined with figures released by the Department of Communities and Local Government, showing a slowdown in the number of new homes being built, and it is clear why landlord and residential property owners optimism has fallen.

60% of landlords and property owners, surveyed for the lender’s latest housing market confidence tracker report, expected the average property price to be significantly higher in 12 month’s time.

This means that house price optimism has fallen by 10 points from 62 to +52, the lowest level of consumer confidence since June 2013, when 52% of private rental sector landlords and residential property owners expected a large rise in property prices.

So what’s different?

In June 2013 UK inflation was at 2.9% compared to the current 0.3%

Employment was just over 30 Million compared to today’s figure of 30.9 Million

Mortgage lending levels were at £15 Billion (GBP) compared to the current £17 Billion (GBP).

Despite the fact that the UK’s Gross Domestic Product (GDP) for 2014 increased by 2.6% and all members of the Bank of England’s (BoE) Monetary Policy Committee (MPC) voted to hold interest rates at 0.5%, the dip in confidence levels over UK property prices reflects public concern over the UK economy in general.

Craig McKinlay, mortgages director at the Halifax said that “More than half of consumers still believe UK property prices will be higher than they are now in a year’s time; however optimism has continued to weaken. Despite this we’re now seeing a return to the seasonal trend for house price activity”.

But he pointed out that of more concern are the figures from the Department of Communities and Local Government showing a slowdown in the number of new homes being built. ‘It’s widely acknowledged that the UK needs an increase in the amount of new housing being built,’ said McKinlay.

‘The Lloyds Banking Group Commission on Housing targeted 2 to 2.5 million new homes built by 2025 new homes to be built before 2025. If we are to address demand the increase in new homes coming onto the market needs to be sustainable,’ he explained.

Aspire Lettings based on Padgate Business Park in Warrington, Cheshire have vanished leaving more than 200 landlords without thousands of pounds in rental payments.

Landlords are still waiting to receive rental payments from Aspire Lettings, and they have tried to contact the owner of […]

Failed Warrington Letting Agent Rips Off Landlords

Warrington Letting Agent Closes Owing ~
Landlords Thousands Of Pounds

Aspire Lettings based on Padgate Business Park in Warrington, Cheshire have vanished leaving more than 200 landlords without thousands of pounds in rental payments.

Landlords are still waiting to receive rental payments from Aspire Lettings, and they have tried to contact the owner of the company, Becky Westby, on numerous occasions, via telephone and email, but have been unable to get anywhere.

Any landlords using Aspire lettings in Warrington (Company number 09042816) should contact their tenants immediately and stop any further rental payments being made to Becky Westby and Aspire Lettings in Warrington and make alternative arrangements.

Affected landlords are also being encouraged to contact The Property Ombudsman and their local trading standards offices.

The Government passed a law back in 2013 requiring private rental sector (PRS) landlords to provide smoke alarms in all UK rental properties.

However, this new bill is still under public consultation and as yet it has not been brought into force and […]

More Calls For Smoke Alarms To Be Compulsory

Fire Service Calls For 2013
Smoke Alarm Law To Be Enacted

The Government passed a law back in 2013 requiring private rental sector (PRS) landlords to provide smoke alarms in all UK rental properties.

However, this new bill is still under public consultation and as yet it has not been brought into force and some local authorities claim that this is putting tenant’s lives at risk.

Now there are further calls from the fire service for more new laws to be introduced to make sure all landlords, both social and private sector, install smoke alarms in all rented properties.

Mandatory smoke alarms are among the key issues to be discussed at the Local Government Association’s (LGA) annual fire safety conference due to be held in Gateshead next month 10th – 11th March 2015.

The call for UK landlords to install smoke alarms in rental properties forms a central part of the LGA’s key report ‘The Fire and Rescue Service: Making our Nation Safer’, which was launched on Saturday 7th February 2015.

The report highlights a series of proposals on how UK fire services can improve fire safety for tenants, including calls for electrical wiring in rented properties to be inspected annually, the same way UK PRS landlords are obliged to obtain gas safety certificates (CP12’s) every year.

The Department of Energy and Climate Change (DECC) says that from April 2018, UK private rented sector (PRS) landlords will become legally required to raise the energy efficiency of rental properties in the private sector to at least “Band E” in energy efficiency standards.

[…]

UK Rental Properties Must Have EPC Above “Band E” By 2018

Rental Properties Must Have EPC
Above “Band E” By 2018

The Department of Energy and Climate Change (DECC) says that from April 2018, UK private rented sector (PRS) landlords will become legally required to raise the energy efficiency of rental properties in the private sector to at least “Band E” in energy efficiency standards.

From April 2016, landlords in the private rented sector (PRS) will also be required to accept reasonable requests from tenants for energy efficiency measures to be installed in rented properties.

This means that hundreds of thousands of landlords with buy-to-let mortgages could be hit with bills of up to £9,000 (GBP) under the new green targets set out to make rental properties more energy efficient.

The Energy Performance Certificate (EPC) ranks a property’s energy efficiency from A for the most well-insulated and energy-saving properties, to G for the worst.

If You Think Our Housing Laws Are Crass Try Being A Landlord In Germany

There are always plenty of stories in the media about landlords and letting agents and their idiosyncratic practices, but a recent news article about a German landlord published in The Telegraph and picked up by LandlordToday.com really does take the […]

If You Think Our Housing Laws Are Crass Try Being A Landlord In Germany

If You Think Our Housing Laws Are Crass
Try Being A Landlord In Germany

There are always plenty of stories in the media about landlords and letting agents and their idiosyncratic practices, but a recent news article about a German landlord published in The Telegraph and picked up by LandlordToday.com really does take the p**s!

UK landlords have faced a great deal of criticism for reasonably, and in some cases unreasonably, withholding a tenants’ deposit for all kinds of damage caused to rental property by tenants but now a German landlord has ended up in court for trying to claim damage to a bathroom floor caused by a tenant’s urine.

The landlord had withheld €1,900, equivalent to around £1,400 (GBP) from the tenant’s €3,000 deposit for damage allegedly caused to a marble floor in the bathroom of a rental property by a male tenant missing the toilet bowl while urinating standing up.

The tenant sued his landlord after the refusal to pay back the €1,900 claimed for damages to the marble floor but the judge ruled that the tenant had the right to take care of business standing up.

The landlord had brought in a “technical expert“, who had the unenviable task of confirming that wayward droplets were indeed the cause of the damage to the marble tiles.

This is the time of year when most amateur property investors and landlords start to wind down ready to enjoy the festive session, whilst the more professional property investors and portfolio landlords start planning their goal setting for 2015.

This is the time of year when most amateur property investors and landlords start to wind down ready to enjoy the festive session, whilst the more professional property investors and portfolio landlords start planning their goal setting for 2015.

However, there is one thing that landlords need to make sure of over the festive holidays – Will their rental properties be occupied for the whole of Christmas and New Year?

If tenants are going to be away over the Christmas period then they need to make sure that the landlord or their letting agent is aware, because the majority of rental property problems happen during the winter months, with the highest concentration of issues recorded over the Christmas and New Year holidays, especially if the tenants decide turn off the central heating in order to save money while they are away.

Bigger problems can also occur if the tenant decides to notify the whole world on social media sites that they are going away on holiday or to visit family and their rental properties will be empty!

The last thing landlords need is a call from your tenants or their neighbours because they think your rented property has been burgled, so any broken doors or windows will need repairing quickly, the same goes for tackling burst pipes!

Exclusive Content for PIN Academy Members

PIN Academy members can check out these really useful informative and content rich posts that are packed with useful hints and tips that can be passed on to your tenants and of course they are very useful for your own residential property too!

* How To Keep Your BTL Property Winterproof

* How To Avoid Burst Pipes This Winter!

To view these useful threads you will need to join the PIN Academy, which has thousands of active members with various levels of property investment and landlord knowledge that is openly shared on the various forums.

There are plenty of comments about the Stamp Duty announcement and the industry reaction to it, plus revelations about the true value of holiday lettings, the revenge eviction bill, leaflet campaigns and a host of other interesting topics including exclusive offers for PIN Academy members.

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